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Guizhou Taipinhe Ecological Aquaculture Development Co., Ltd. vs. Guizhou Huajin Aluminum Co., Ltd.

Country/Territory
China
Type of court
National - lower court
Date
Dec 18, 2015
Source
UNEP, InforMEA
Court name
Qingzhen People’s Court of Guizhou Province
Seat of court
Guizhou Province
Judge
Luo Guangqian
Li Yunhe
Zhang Qi
Reference number
Qing Huan Bao Min Chu Zi No. 16 (Civil Ruling)
Language
English
Subject
Water
Keyword
Water desalination Freshwater resources management Basic legislation Water shortage/drought Industrial water use Water supply Water users' associations Inland fisheries Free water use Sub-national agreement Dispute settlement Framework law Water rights Liability/compensation
Abstract

Huajin, an aluminum company, constructed a barrage to divert water from a river for a construction project.  This caused water levels to drop downstream, where Taipinhe, a fish farm, was unable to retrieve enough water for its breeding ponds.  Taipinhe attempted multiple times to intervene with Huajin and local authorities to restore water flow, without effect.  As a result, large amounts of Taipihhe’s fish were killed due to water and oxygen deprivation.  The court found Huajin liable for the value of the fish killed.

Key environmental legal questions:

  • Was Huajin subjectively at fault: Huajin was subjectively at fault for building the barrage without conducting and Environmental Impact Assessment, operating the barrage without permission at the time of the incident, and failing to notify downstream users of its operations.
  • Was there a causal link resulting in liability: The reduction of water volume at the fishery did not occur until Huajin began diverting and storing water.  There was thus a causal link, making Huajin liable for the value of the lost fish.
Full text
Guizhou Taipinhe Ecological Aquaculture Development Co., Ltd. vs. Guizhou Huajin Aluminum Co., Ltd..pdf
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